By Atty. Julius Gregory B. Delgado
New Quantum of Evidence in Preliminary Investigations and Inquest Proceedings under the 2024 Department of Justice – National Prosecution Service (DOJ-NPS) Rules on Preliminary Investigations and Inquest Proceedings
Last July 10, 2024, the 2024 Department of Justice – National Prosecution Service (DOJ-NPS) Rules on Preliminary Investigations and Inquest Proceedings was signed by Justice Secretary Jesus Crispin C. Remulla witnessed by no less than President Ferdinand R. Marcos, Jr. It should be recalled that two months ago, the Supreme Court issued an En Banc Resolution No. 24-02-09-SC (Re: Draft Department of Justice – National Prosecution Service Rules on Preliminary Investigations and Inquest Proceedings).
Essentially, the said Supreme Court Resolution penned by Justice Rodil Zalameda repealed affected provisions of Rule 112 (Preliminary Investigation) of the 2000 Revised Rules on Criminal Procedure. In the said Resolution, it was ruled that while the Supreme Court has the exclusive power to promulgate rules on pleading, practice, and procedure in all courts, preliminary investigation, which determines whether there are sufficient grounds to charge a person with a crime, is part of the prosecution’s duty and, thus, an executive function, not the judiciary.
Some of the features of the 2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings are as follows: 1) electronic filing of Complaint-Affidavit, Counter-Affidavit, Reply-Affidavit and Rejoinder-Affidavit; 2) virtual preliminary investigation or inquest proceedings is now allowed; 3) documents that are electronically filed and electronically served beyond office hors are deemed filed and served on the same day; 4) during inquest, the respondent must be represented by counsel; 5) inquest must be resolved by the Inquest Prosecutor within the day and must be approved by the City or Provincial Prosecutor on the next day; 6) if the respondent elects to undergo preliminary investigation, he or she may apply for bail; 7) quantum of evidence is prima facie evidence with reasonable certainty of conviction; and 8) remedies of the party such as filing of Motion for Reconsideration and Petition for Review on resolutions during preliminary investigation.
As provided in Section 5, Rule II of the DOJ-NPS Rules on Preliminary Investigation and Inquest Proceedings, the quantum of evidence is prima facie evidence with reasonable certainty of conviction. This quantum exists when a prima facie case is established by the evidence-at-hand, including but not limited to testimonial evidence, documentary evidence, and real evidence; and such evidence, on its own and if left uncontroverted, shall be sufficient to establish all the elements of a crime or offense charged, and consequently warrant a conviction beyond reasonable.
This new quantum of evidence is a departure from probable cause which is the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.
This paradigm shift started as early as last year when the DOJ issued Department Circular No. 20 dated March 31, 2023, which emphasized the active role of the public prosecutors in case build-up. In fact, it is enshrined as one of the policies under the 2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings for prosecutors to have pro-active a role in investigation of crimes. For instance, in Section 10 (b) of the new rules, it is provided that upon receipt of the Complaint-Affidavit, the prosecutor will evaluate if it is sufficient in form and the evidence is complete. The prosecutor shall require the complainant, the referring law enforcement agency, or any third party to submit any lacking piece of evidence. It is only upon determination by the head of prosecution office that the Complaint-Affidavit is sufficient in form and the evidence is complete that the case shall be docketed.
However, what the 2024 DOJ-NPS Rules of Preliminary Investigations and Inquest Proceedings failed to indicate or provide is its applicability to pending cases upon its effectivity. If a case is pending preliminary investigation and the evidence is incomplete, will the prosecutor dismiss the case or ask the complainant or law enforcement authority to submit additional evidence?